x( 1 ) THE petitioner employee, by the present petition has challenged the Award Part 1, dated 28th May, 2002. By that award, the learned Central Government Industrial Tribunal has recorded a finding vide order dated 24-11-1994, holding that the enquiry against the workman was vitiated, and consequently giving an opportunity to the employer to prove the charge of misconduct at an independent enquiry before the Tribunal.

( 2 ) A few facts may now be noted. The respondent-workman joined the services of the petitioner-company as an Engineering Helper on 11-3-1979. On 29-4-2002 the respondent was assigned to duties at Goa flight and Calcutta flight for pushing the baggage containers. On 10-5-1992 the respondent was arrested by the police, pursuant to the complaint received from one Mr. S. M. Jariwala a passenger on the flight operated by petitioner company, for committing theft of an amount of Rs. 25,000/- from his baggage. Pursuant to that a charge-sheet was served on the respondent which is dated 18/26-8-1992. The charge-sheet was received by the petitioner on 21st September, 1992. An Enquiry Officer was appointed who commenced the enquiry on 13-4-1993. In the course of the enquiry t

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